Hungary’s Pride Surveillance Plan Violates AI Act

Hungary’s latest amendment to its Child Protection Act, proposed by Viktor Orbán’s government, seeks to prohibit pride events and introduce facial recognition systems to identify participants. This measure raises significant concerns over its compliance with EU data protection laws and the AI Act, which strictly prohibits the use of live facial recognition for public surveillance, except under narrowly defined exceptional circumstances such as national security threats or terrorism.

Dr. Laura Caroli, who participated in drafting the EU AI Act, emphasized that such use of facial recognition technology is actively prohibited under Article 5 of the legislation. Even if Hungary attempted to justify these measures under national security grounds or by labeling pride parades as terrorist threats, the proposal would still contravene EU law. The AI Act’s provisions against prohibited AI practices came into force on February 2, making such actions unlawful across member states.

Criticism has been widespread, with MEP Daniel Freund condemning the move as a clear step toward autocracy, likening it to practices seen in authoritarian regimes. Freund called for the EU to halt funding to Hungary in response to this erosion of democratic values. Additionally, the Hungarian Helsinki Committee warned of serious violations of personal data protection rights, not only for pride participants but for anyone recorded by police facial recognition systems during such events.

While enforcement of the AI Act falls under the jurisdiction of Hungary’s data protection authorities, other member states may also oppose these measures. Dr. Caroli noted that proper enforcement would take time, leaving room for potential abuses in the interim. This situation underscores the challenges of ensuring adherence to EU digital laws in member states with increasingly authoritarian policies.

Source: Hungary’s use of facial recognition likely violates EU AI Act